People ex rel. Rivera v. Smith

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. Relator is not entitled to habeas corpus relief based upon his contentions that he was deprived of his right to appeal and his right to effective assistance of appellate counsel, and that a newly discovered witness might have exonerated him upon a retrial. Relator’s appeal has in fact been perfected and decided (People v Rivera, 234 AD2d 148, lv denied 89 NY2d 946; cf., People ex rel. Lee v Smith, 58 AD2d 987), and “the only remedy to which he would be entitled…